Senate Bill No. 301
(By Senator Wagner)
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[Introduced March 5, 1993; referred to the Committee
on Interstate Cooperation; and then to the Committee on the
Judiciary.]
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A BILL to amend chapter fifty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-a, relating to
the uniform transfer of litigation act; authorizing circuit
courts of this state to transfer litigation to or accept
litigation transferred from a court in another state or the
federal courts; and establishing procedures for transfer and
receipt of court actions.
Be it enacted by the Legislature of West Virginia:
That chapter fifty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-a, to read
as follows:
ARTICLE 2A. UNIFORM TRANSFER OF LITIGATION ACT.
PART 1. TRANSFER.
§51-2A-101. Power to transfer.
A circuit court of this state may transfer an action or any
part of an action to a court not of this state pursuant to
sections 102 to 110.
§51-2A-102. Transfer by court having jurisdiction.
A circuit court of this state that has jurisdiction of the
subject matter of an action and the parties may transfer all or
any part of the action to a court not of this state that consents
to the transfer and can exercise jurisdiction over the matters
transferred.
§51-2A-103. Transfer by court lacking jurisdiction.
A circuit court of this state that lacks jurisdiction of the
subject matter of an action or part of an action or that lacks
jurisdiction over a party may transfer all or any part of the
action to a court not of this state that consents to the transfer
and can exercise jurisdiction over the matters and parties
transferred.
§51-2A-104. Reasons for transfer.
A transfer may be ordered to serve the fair, effective, and
efficient administration of justice and the convenience of the
parties and witnesses. The court shall consider all relevant
factors, including the interest of each plaintiff in selecting a
forum and the public interest in securing a single litigation and
disposition of related matters.
§51-2A-105. Transferring court's order.
A court may order transfer on motion by a party or on its
own initiative after notice and opportunity to be heard. Atransfer order must state the reasons for transfer. If part of
an action is transferred, the order must state the part as a term
of transfer; the order may state other terms of transfer. The
court shall give notice of the transfer order to the parties. A
party or the court may file the transfer order in the receiving
court.
§51-2A-106. When transfer effective.
A transfer takes effect when an order accepting transfer is
filed in the transferring court.
§51-2A-107. Transmitting record.
After notice of an order accepting a transfer is filed in
the transferring court, the court shall send relevant portions of
the record to the receiving court.
§51-2A-108. Pending procedures.
A procedure pending at the time of transfer must be
completed according to the rules of the transferring court,
measuring applicable time limits as if the procedure had been
initiated ten days after the day the transfer took effect, unless
otherwise ordered by the transferring court or by the receiving
court.
§51-2A-109. Return.
The transferring court shall accept the return of any matter
ordered returned by the receiving court pursuant to the terms of
the transfer order or for lack of jurisdiction in the receiving
court. A return takes effect when a return order is filed in the
transferring court.
§51-2A-110. Appellate review.
An order granting or refusing transfer is reviewable only by
extraordinary writ at the time the order is entered. A ruling
not reviewed before a transfer takes effect is not reviewable in
this state except as to matters returned or transferred back.
PART 2. RECEIPT.
§51-2A-201. Receipt.
A court of this state may accept transfer of an action or
any part of an action pursuant to sections 202 to 219.
§51-2A-202. Receipt by court having jurisdiction.
A court that can exercise jurisdiction over the subject
matter and parties may accept a transfer whether or not the
transferring court had jurisdiction of the subject matter or
parties.
§51-2A-203. Receipt by court lacking personal jurisdiction.
A receiving court that can exercise jurisdiction over the
subject matter may assert jurisdiction over a party that is
within the personal and subject matter jurisdiction of the
transferring court.
§51-2A-204. Receipt refused.
A receiving court may refuse to accept transfer for any
reason, but shall state the reasons for the refusal.
§51-2A-205. Receipt order.
A party may move for an order accepting or refusing a
transfer. The receiving court shall enter an order accepting the
transfer unless within thirty days after the motion was made thecourt enters an order refusing the transfer or directing further
proceedings to determine whether to accept the transfer.
§51-2A-206. Notice of receipt.
The receiving court shall give all parties notice of the
order accepting or refusing transfer. A party or the court may
file the order in the transferring court. The transfer takes
effect when an order accepting transfer is filed in the
transferring court.
§51-2A-207. Request for record.
The receiving court may request the transferring court to
send relevant portions of the record to aid in deciding whether
to accept transfer or to supplement the record sent by the
transferring court.
§51-2A-208. Terms of transfer.
The receiving court for good cause may depart from the terms
specified in the transfer order.
§51-2A-209. Statute of limitations.
If the transferring court had jurisdiction of the subject
matter and parties, the receiving court may not dismiss because
of a statute of limitations a claim that would not be dismissed
on that ground by the transferring court.
§51-2A-210. Date of filing.
The receiving court shall treat the matters transferred as
if they were initially filed on the date of filing in the
transferring court.
§51-2A-211. Transferring court procedures.
A procedure completed in the transferring court before
transfer has the same effect in the receiving court as in the
transferring court unless the receiving court orders otherwise.
A procedure pending at the time of transfer must be completed
according to the rules of the transferring court, measuring
applicable time limits as if the procedure had been initiated ten
days after the transfer took effect, unless otherwise ordered by
the transferring or receiving court.
§51-2A-212. Outstanding orders.
An injunction or other order in effect at the time of
transfer remains in effect after transfer according to its terms
until dissolved or modified by the receiving court.
§51-2A-213. Past orders.
The receiving court may vacate or amend an order made by the
transferring court as if it had entered the order.
§51-2A-214. Appearance of counsel.
Ordinarily the receiving court shall permit counsel of
record in the transferring court to appear. The receiving court
may require local counsel to appear only if necessary to ensure
orderly disposition of the transferred matters. The law that
would be applied by the transferring court governs contracts
between clients and counsel who appeared in the transferring
court and any ground advanced to disqualify counsel who appeared
in the transferring court.
§51-2A-215. Return for lack of jurisdiction.
If the receiving court determines after accepting transferthat it lacks jurisdiction of all or a part of the matters
transferred by a court that had jurisdiction, it may return that
matter and any additional matters to the transferring court.
§51-2A-216. Return pursuant to transfer order.
The receiving court may return any transferred matter to the
transferring court pursuant to the terms of the transfer order.
§51-2A-217. Notice and effective date of return.
A receiving court shall give all parties notice of a return
order. A party or the receiving court may file the return order
in the transferring court. A return takes effect when a return
order is filed in the transferring court.
§51-2A-218. Further transfer.
The receiving court may transfer a transferred matter to the
transferring court or to another court pursuant to sections 101
to 110.
§51-2A-219. Appeals.
An order granting transfer is not reviewable in the
receiving state by appeal or otherwise. An order accepting or
refusing to accept transfer, or granting or refusing to grant
return, is reviewable in the receiving state only by
extraordinary writ at the time the order is entered. Review may
be had in the receiving state of all other rulings made by the
receiving court and of all rulings other than the order granting
transfer made by the transferring court not reviewed before the
transfer took effect.
PART 3. GENERAL.
§51-2A-301. Uniformity of application and construction.
This act must be applied and construed to effectuate its
general purpose to make uniform the law with respect to the
subject of the act among states enacting it.
§51-2A-302. Short title.
This act may be cited as the Uniform Transfer of Litigation
Act.
NOTE: The purpose of this bill is to enact the Uniform
Transfer of Litigation Act, permitting circuit courts of this
state to transfer litigation to a court of another state or the
federal courts. The bill also permits circuit courts to receive
litigation transferred by courts of another state and the federal
courts.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
This bill was recommended by the Commission on Interstate
Cooperation for passage this session.